A couple whose flight was canceled after the pilot fell ill off duty have won their six-year legal battle for compensation.
Ken and Linda Lipton, from Westerham, were booked on a flight from Milan to London City Airport in January 2018 when it was suddenly canceled after the pilot missed work due to illness.
The couple was put on another flight that arrived two hours and 36 minutes after the original scheduled arrival time.
They applied for compensation under EU regulations, which state that carriers should compensate passengers from canceled flights under certain conditions. Reimbursement levels are fixed depending on the distance travelled. In Lipton’s case, it was €250 – about £210.
However, the airline’s operator, BA Cityflyer Ltd, rejected the request, saying the pilot’s illness constituted “extraordinary circumstances” and it was not obliged to make any payments.
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The Liptons commenced a writ of habeas corpus in the district court, which was dismissed and dismissed again on appeal. However, in 2021 the Court of Appeal ruled in favor of the couple, prompting BA Cityflyer to appeal the decision to the Supreme Court – the UK’s highest court.
However, in today’s ruling, High Court judges rejected the carrier’s appeal and ruled that the Liptons should receive compensation.
Oliver Studdert, an Irwin Mitchell lawyer representing the couple, said after the hearing: “The frustration of a delayed or canceled flight is something many of us can relate to.
“The law provides that those affected will be given modest compensation to offset the inconvenience.
“It is not uncommon for airlines to refuse to pay on the basis that they believe the circumstances leading to the delay or cancellation constituted an extraordinary circumstance. However, this judgment clearly confirms that staff illness is not an extraordinary circumstance and that where it is the reason for delay or cancellation, the passenger is entitled to compensation.
“Ken and Linda Lipton fought back and never expected to find themselves in the Supreme Court, but their resilience will bring clarity and financial relief to many.”
By the time the matter reached the Court of Appeal, the United Kingdom had left the European Union. The Court of Appeal upheld the appeal and ruled on the question of whether there were exceptional circumstances and how the Liptons’ rights under EU regulations applied after Brexit.
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BA Cityflyer appealed to the Supreme Court on two grounds. This was a delay or cancellation of a flight due to the short-term health condition of the aircraft crew or staff, which was an extraordinary circumstance.
“Illness of employees is not an emergency situation”
Second, as the Liptons’ flight was canceled before the UK left the EU, but the court decided their case after the UK left the EU, the High Court was also asked to determine whether EU law was involved at the time of the cancellation. that applied, or whether the domestic law that applied after the UK left the EU.
All five Supreme Court justices who sat rejected the first finding that delays or cancellations resulting from the short-term health of airmen or staff do not constitute extraordinary circumstances.
In second place, four of the five judges ruled with arguments put forward by Mr and Mrs Lipton’s legal team – that the couple’s claim for compensation on the day the flight was canceled was enforceable after Brexit and formed part of “retained EU law”.
In a joint statement, the couple said: “We see this not only as a win for ourselves, but as a victory for people who are ready to fight for common sense and justice against corporate monsters who have access to all resources.
“We never wanted to be in this position, but we felt we had no choice but to continue our legal case given the carrier’s attitude throughout this process.
“Their insistence on continuing this battle in the highest court of the land has now met its proper conclusion and our significantly smaller but no less cunning team has succeeded against all odds.
“We would like to express our sincerest gratitude to the solicitors who represented us and to Irwin Mitchell who were wonderful in arranging our journey, although it was painful, she was informed every step of the way, even when it seemed that we were no longer able to fight. However, we saw it and we won.”